Legal Opinion

Gerner v. Gerner

District Court of Appeal of Florida

Decided August 9, 1988No. 88-889PublishedCited by 1 opinion

1Opinion of the Court

FERGUSON, Judge.

We reverse an order of the court, entered on a general master’s finding, which changes the primary custody of three minor children from the mother to a split-custody arrangement between feuding parents. The evidence does not overcome the strong presumption that rotating the primary physical residence of children is not in their best interests. Frey v. Wagner, 433 So.2d 60 (Fla. 3d DCA 1983). See also Hurst v. Hurst, 158 Fla. 43, 27 So.2d 749 (1946); Scott v. Scott, 401 So.2d 879 (Fla. 3d DCA 1981); Bienvenu v. Bienvenu, 380 So.2d 1164 (Fla. 3d DCA 1980); Peterseil v.…

2Cases cited5 opinions

  1. Hurst v. HurstSupreme Court of Florida · 1946
  2. Bienvenu v. BienvenuDistrict Court of Appeal of Florida · 1980
  3. Frey v. WagnerDistrict Court of Appeal of Florida · 1983
  4. Scott v. ScottDistrict Court of Appeal of Florida · 1981
  5. In RE PETERSEIL v. PeterseilDistrict Court of Appeal of Florida · 1975

3Cited by1 opinion

  1. State v. SmithDistrict Court of Appeal of Florida · 1988

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